Can My Landlord Evict Me Even If I Pay Rent on Time?

Holdover Cases: Not About the Money

In a holdover proceeding, your landlord isn't claiming you owe rent. They're claiming your right to occupy the apartment has ended—and they want you out.

These cases are often more complicated than non-payment cases. The legal issues vary depending on why your landlord says you have to leave. And your defenses depend heavily on your tenancy type: rent-stabilized, rent-controlled, market-rate, or month-to-month.

The good news: holdover cases are harder for landlords to win than many tenants realize.

Types of Holdover Cases

Lease expiration

Your lease ended and the landlord claims you have no right to stay. But if you're rent-stabilized, your landlord must offer a renewal. If you're covered by Good Cause Eviction, they need a legitimate reason to refuse.

Lease violation

Your landlord claims you broke a lease term—unauthorized occupant, pets where prohibited, illegal business use, chronic late payment. You typically get a chance to cure (fix) the violation before eviction proceeds.

Nuisance or objectionable conduct

Your landlord claims your behavior is intolerable—noise, harassment of neighbors, illegal activity. These require proof, not just complaints.

Owner-use

Your landlord claims they (or an immediate family member) need the apartment for personal residence. Strict rules apply, especially for stabilized tenants.

Illegal sublet

Your landlord claims you sublet without permission or moved out while someone else lives there.

Golub notice (month-to-month termination)

For month-to-month tenants, landlords can terminate the tenancy—but must provide proper written notice based on how long you've lived there.

Notice Requirements: Timing Matters

Before filing a holdover case, landlords must serve proper predicate notices. The type and length depend on your situation:

Termination notices for month-to-month tenants:

• Less than 1 year of occupancy: 30 days notice
• 1-2 years of occupancy: 60 days notice
• More than 2 years of occupancy: 90 days notice

Notice to Cure: For lease violations, landlords must give you written notice describing the problem and a reasonable time to fix it (typically 10-30 days). If you cure the violation, the case cannot proceed.

Notice to Quit: After the cure period expires (or for non-curable violations), the landlord must serve a notice to quit before filing in court.

If any notice is defective—wrong dates, improper service, missing information—the case can be dismissed.

Rent Stabilization: Your Strongest Shield

Rent-stabilized tenants have powerful protections against holdover evictions. Landlords cannot simply refuse to renew your lease or terminate your tenancy without specific legal grounds.

For stabilized tenants, landlords can only bring holdover cases for:

• Non-primary residence (you don't actually live there)
• Illegal subletting
• Nuisance conduct
• Owner-use (with restrictions and often relocation assistance)
• Demolition or major renovation (with DHCR approval)
• Certain lease violations after proper cure notice

Many Brooklyn buildings—especially in Crown Heights, Flatbush, Bed-Stuy, Prospect Heights, and Park Slope—are rent-stabilized. If you're not sure about your status, request your rent history from DHCR.

Good Cause Eviction: New Statewide Protection

As of April 2024, New York's Good Cause Eviction law protects most tenants who aren't already covered by rent stabilization.

Under Good Cause:

• Landlords need a legitimate reason to evict or refuse lease renewal
• "Good cause" includes non-payment, lease violations, nuisance, owner-use—but not simply wanting a higher-paying tenant
• Rent increases above a threshold (based on CPI) can be challenged as constructive eviction

This law extends meaningful holdover protection to tenants in smaller buildings and market-rate apartments previously vulnerable to arbitrary non-renewals.

The Primary Residence Defense

In many holdover cases—especially owner-use and non-primary residence claims—the central question is whether you actually live in the apartment as your primary home.

Factors courts consider:

• Where you receive mail
• Where you're registered to vote
• Where you file taxes
• Where your belongings are
• How many nights per year you sleep there
• Utility usage patterns

If your landlord claims you don't really live there, be prepared to prove otherwise with documentation.

Succession Rights: Staying After the Original Tenant Leaves

If the original tenant on a rent-stabilized lease dies or permanently moves out, family members and certain long-term occupants may have succession rights—the right to take over the lease.

To succeed to a lease, you generally must:

• Have lived with the tenant of record for at least 2 years (or 1 year if you're a senior or disabled)
• Be a family member or have an equivalent relationship
• Use the apartment as your primary residence

Landlords sometimes file holdover cases against remaining occupants without recognizing valid succession claims. This is a defense worth raising.

What Happens in Housing Court

Holdover cases are heard at Kings County Housing Court, 141 Livingston Street in Downtown Brooklyn. Nearest subways are Hoyt-Schermerhorn (A/C/G) and Borough Hall (2/3/4/5/R).

The process:

• Landlord serves Notice of Petition and Petition
• You appear on the court date (file an answer beforehand to preserve defenses)
• Case goes to Resolution Part for negotiation
• If no settlement: case proceeds to Trial Part

Holdover trials can take months to schedule. Many cases settle with move-out agreements that give tenants time, moving expenses, or other consideration.

You Have More Rights Than You Think

A holdover petition isn't a conviction—it's the start of a legal process where you have the right to defend yourself. Landlords must prove their case. You don't have to make it easy.

If you've received holdover papers in Brooklyn, call (347) 669-3256 or visit 592 Pacific Street. I've defended holdover cases at 141 Livingston since 2012.